Four SAS soldiers admit killing Afghani prisoners - but they have been given IMMUNITY from prosecution. Now Ben Roberts-Smith's camp want to know why they got special treatment

By STEPHEN GIBBS, SENIOR NEWS REPORTER, AUSTRALIA Published: 02:54, 21 April 2026 | Updated: 02:54, 21 April 2026 Any threats or inducements made to former SAS soldiers granted immunity from prosecution to give evidence against Ben Roberts-Smith will likely become a central issue if he ever faces trial. The Commonwealth Director of Public Prosecutions has indemnified four witnesses - known as Person 4, Person 8, Person 56 and Person 66 - who have admitted killing prisoners. Roberts-Smith is charged with five counts of 'war crime - murder' allegedly committed while serving with the Special Air Service in Afghanistan between 2009 and 2012. He is accused of shooting dead one Afghan detainee and ordering subordinate SAS troopers named in court documents as Person 4, Person 11, Person 66 and Person 68 to kill four others.  Person 56 and Person 8 are not named in any of the Roberts-Smith charges, but along with Person 4 and Person 66 have been given immunity from prosecution over war crimes.   'Each of these witnesses has admitted their personal involvement in executing one or more detainees at the direction or with the complicity of Roberts-Smith,' according to a statement of facts.  'In each instance, Roberts-Smith was their military superior. These witnesses have provided written accounts of their actions. Each details other murders they witnessed.' A source close to Roberts-Smith, who was awarded the Victoria Cross and the Medal for Gallantry in Afghanistan, noted the former corporal was the only soldier accused of involvement in the five alleged murders who had been charged.  Any threats or inducements made to former SAS soldiers granted immunity from prosecution to give evidence against Ben Roberts-Smith (above) will likely be a central issue if he ever faces trial Roberts-Smith is charged with five counts of 'war crime - murder' allegedly committed while serving with the Special Air Service in Afghanistan between 2009 and 2012. He is pictured with partner Sarah Matulin on Sunday 'The clear and, frankly, unavoidable inference is that those alleged by the Crown to have actually carried out the killings have not been prosecuted in return for giving evidence against Mr Roberts-Smith - for example Person 4,' the source said. 'On what basis that evidence has been secured is likely to be one of the central issues in the prosecution.  'What were these witnesses threatened with and/or offered for their evidence?  'How is evidence given under immunities by individuals - murderers themselves on any view of the prosecution's case - viewed by criminal courts?'  During Roberts-Smith's unsuccessful Federal Court defamation action against Nine's newspapers, which first accused him of war crimes in 2018, it was revealed Person 4 had a long history of mental health problems. It also emerged Person 4 resented Roberts-Smith receiving the Victoria Cross for storming two Taliban machinegun posts at Tizak in the Shah Wali Kowt region in 2010, a battle in which he took part. Roberts-Smith was arrested by the Australian Federal Police (AFP), alongside members of the Office of the Special Investigator (OSI), on April 7 as he prepared to get off a Qantas flight from Brisbane at Sydney Airport. The 47-year-old was on a day trip to Sydney to take his 15-year-old twin daughters shopping as a school holiday treat and was also in the company of his partner Sarah Matulin. Roberts-Smith (above) is accused of shooting dead one Afghan detainee and ordering subordinate SAS troopers named in court documents as Person 4, Person 11, Person 66 and Person 68 to kill four others The Daily Mail has previously revealed Roberts-Smith - who has always denied committing war crimes - had repeatedly offered to present himself to a police station if authorities intended to arrest him.  The OSI's director of investigations Ross Barnett made it clear in a press conference on April 7 that the prosecution of Roberts-Smith would rely on witness testimony rather than forensic evidence.  Mr Barnett said the OSI had been investigating 'literally dozens of murders alleged to have been committed in the middle of a warzone, in a country 9,000km from Australia that we can no longer access'. 'So, the challenge for investigators is - because we can't go to that country - we don't have access to the crime scene... ' he said. 'So we don't have photographs, site plans, measurements, the recovery of projectiles, blood-spatter analysis, all of those things we'd normally get at a crime scene. 'We don't have access to the deceased - there's no post-mortem, therefore there's no official cause of death, there's no recovery of projectiles to link to weapons that might have been carried by members of the ADF.' Two of the allegedly murdered Afghans have never been formally identified and are described in Roberts-Smith charge sheets as Person Under Control 1 or Enemy Killed in Action 3, and Person Under Control 2 aka Enemy Killed in Action 4.  A source close to Roberts-Smith noted the former corporal was the only soldier accused of involvement in the five alleged murders who had been charged. He is pictured with Queen Elizabeth II Details of the allegations against Roberts-Smith were disclosed when Judge Greg Grogin released the statement of facts last Friday after granting him bail in Downing Centre Local Court.  The first murder charge relates to an action at a compound called Whiskey 108 in the Tarin Kowt District of Uruzgan Province in Afghanistan on April 12, 2009. Person 4 was the junior member of a patrol led by Person 5 and including Roberts-Smith. He was older than most others but known as 'The Rookie'. Following an airstrike, a man named Mohammad Essa and his son Ahmadullah, who wore a prosthetic leg, were allegedly removed from a tunnel in the compound and taken prisoner. 'Ahmadullah was carried by Roberts-Smith outside the walls of the compound, thrown to the ground, and shot multiple times by Roberts-Smith with a belt-fed machine gun,' according to the statement of facts. Person 4 was allegedly called by another SAS soldier, Person 5, to an adjoining area in the compound where Mohammad Essa was squatting against a wall. 'Roberts-Smith grabbed Mohammad Essa, placed him on his knees in front of Person 4, and said to Person 4, "Shoot that c***",' according to the statement of facts. 'Person 4, understanding this to be an order, shot Mohammad Essa in the head, killing him. Roberts-Smith was arrested by the Australian Federal Police, alongside members of the Office of the Special Investigator, on April 7 as he prepared to get off a Qantas flight from Brisbane at Sydney Airport (above) 'Person 4 has admitted their role in this incident.'  The next murder - of a man named Ali Jan - was allegedly committed at Darwan, a village in Shahid-E-Hasas District of Uruzgan Province, on September 11, 2012. Roberts-Smith and fellow SAS troopers including Person 4, Person 56 and Person 11 were on a mission to locate Afghan National Army sergeant Hekmatullah, who had killed three Australian soldiers. Roberts-Smith's patrol identified a number of Afghans who had been captured as 'persons under control' (PUCs), one of whom was Ali Jan. 'Ali Jan was taken to the edge of a cliff by Person 11,' according to the statement of facts.  'Whilst he was still cuffed and physically restrained, Roberts-Smith kicked him, causing him to fall approximately 10m and causing injuries including the loss of teeth.' Roberts-Smith allegedly ordered Person 11 to drag Ali Jan across a dry creek bed to a large tree and the two SAS soldiers were seen in conversation by Person 4. 'Person 4 looked away for a short moment during which a number of shots rang out that sounded like they were fired from an M4 rifle,' according to the statement of facts. Details of the allegations against Roberts-Smith were disclosed when Judge Greg Grogin released the statement of facts last Friday after granting him bail in Downing Centre Local Court 'Person 4 turned back to the direction of the shots and saw Person 11 standing in position with their rifle on their shoulder. 'While both Roberts-Smith and Person 11 were carrying M4 rifles on the mission, the prosecution alleges that it was Person 11 who fired the shots that killed Ali Jan.' The final two murder charges relate to events at Syahchow village in Deh Rawood District, Uruzgan Province, on October 20, 2012. Roberts-Smith was in command of a patrol including Person 4, Person 11, Person 56 and Person 66 which killed two armed insurgents. Person 66, who was on his first operational mission, alleges after the action he was with Roberts-Smith, Person 68 and two prisoners dubbed PUC 1 and PUC 2. 'Person 66 heard a shot and observed that PUC 2, in front of Person 68, had been shot,' according to the statement of facts.' Roberts-Smith allegedly cut the handcuffs from PUC 1, removed his blindfold and pushed him to the ground. 'Roberts-Smith said, "Shoot him",' according to the statement of facts. 'Person 66 believed this to be an order from Roberts-Smith. Person 66 was 2m away from PUC 1. 'Person 66 paused for a moment and then shot PUC 1 two to three times in the chest, killing him.' Sorry we are not currently accepting comments on this article.